Help with bailiff and 7 year old speeding fine which I have paid !!

[mpc1975]

Hope someone can help me. I received a letter out of the blue from the magistrates court back in late January entitled Grant of time to pay (giving me 19 days from that date to pay £200). I had no idea what this was for so I sent a letter back to the address on the letter asking them to send me further details. ( I had thought it was some con or something as the letter and print quality wasn't great). I didn't hear anything back until a few weeks later when I received a second letter demanding I pay immediately or further action will be taken. I again sent a letter asking for details as I have no knowledge of any outstanding debt for the amount they requested. Also neither letter gave any explanation as to what the debt was for. Again I have heard nothing back until yesterday when I received a letter from Marston demanding 7 day payment or they will attend the property to levy distress On this letter though it now states an offence of exceeding 70mph on the Motorway manned equipment back in mid 2005.

Yes I did commit this offence but I paid the fine in instalments over 6 years ago. This is the first I have ever heard of it since and I have no way to prove payment as I have no records now. I don't even bank with the same bank !!

Any ideas what I can do. I have tried ringing the court but was in a long queue so before I spoke to them I thought I had better get some advice. Obviously I don't want the bailiff calling at my house and from what I can see from my limited research because it is a court fine they can just turn up break in take what the want and add over £200 to the bill to me !!

Help

[labman]

Re: Help with bailiff and 7 year old speeding fine which I have paid !!

I would do a few things. The main thing is to write to the Court Manager, recorded delivery, stating pretty much what you have put above. Copy this to your MP and local Councillor.

I would also write to the CEO of the local authority.

You need to get a Stay of Execution while this is being processed. I am on my phone at present, so cannot check the correct forms needed. Off the top of my head it is a N244 for the stay of execution, and if you are on a low income Form Ex160 explains whether it not you need to pay fees. Don't quote me on those numbers though as I haven't the access I need from my phone. I will try to remember to look it up when I have proper access later on.

[mpc1975]

Re: Help with bailiff and 7 year old speeding fine which I have paid !!

Hi Labman,

Thanks for the advice. I will get it sent off first thing tomorrow. And also do the N244 form.

The issue is also complicated by the fact the speeding offence and fine was give to my by Cumbria county council, though it is now being pursued by merseyside. So who do I write to, as it is Cumbria that I made payments to. Also as my 7 days are up on friday should I contact the bailiff to inform them of my intentions?

[labman]

Re: Help with bailiff and 7 year old speeding fine which I have paid !!

Possible problem at end, so read completely first.

OK, here's a link to N244:

http://www.cityoflondon.gov.uk/NR/rd...E/0/n244_e.pdf

As things aren't as straightforward as you stated this morning, you should certainly notify the bailiff that you have applied for a Stay of Execution. As it is a criminal offence dealt with by the Magistrates' Court, they are acting on behalf of the court, but you want to stop them getting involved if at all possible as they will try to impose an £85 and £215 fine almost immediately. They often act as soon as they are told in the hope they can get fees charged before you get anything stopped, so I would make a point of trying to get an e-mail communication with the court manager so you can get something in writing at the very earliest opportunity.

To whom did you pay the fine. Obviously it is that court you should send the letter to, along with a note saying you have applied for a Stay of Execution in Merseyside.


The Problem
I am not 100% sure this will stay execution of the warrant in the magistrates court. It won't harm to fill it in and send it, they can only say it doesn't apply. Another possibly better way of tackling this is to swear a Statutory Declaration. This will obviously need amending, but that can be done pretty simply, and then sworn at any High Street Solicitors. This then counts as having sworn it under oath in a Court of Law. If you swear you have paid it, surely they must suspend execution of the warrant.


STATUTORY DECLARATION (amend parts in red – Declaration is easily amended to
swear property belongs to one person in a house)


I: [NAME] residing at [ADDRESS AND POSTCODE]

DO SOLEMNLY AND SINCERELY DECLARE THAT:

I had no prior knowledge or any correspondence from [NAME OF MAGISTRATES’ COURT/COURT/AUTHORITY] following an alleged [OFFENCE/LIABILITY/DEBT] on [DATE] for [NATURE OF OFFENCE/DEBT]

From information provided to me today by the [MAGISTRATES’ COURT/OTHER COURT/AUTHORITY] I am informed that a hearing for this matter was held in my absence where I was [FINED/MADE LIABLE TO PAY THE AMOUNT OF £AMOUNT]. The reference number for this case is: [REFERENCE]

AND THAT:

Notification of this fine first came to my attention on [DD/MM/YYYY] when a bailiff from [NAME OF COMPANY] came to my home. He was in possession of a [DISTRESS WARRANT/LIABILITY ORDER/ORDER FOR RECOVERY] dated [DATE IF KNOWN] and that he required the sum of [£AMOUNT].

I genuinely do not remember receiving any notice of this [FINE/LIABILITY/DEBT].

I make this solemn declaration under Section 7 of the Statutory Declarations Act 1835 believing the same to be true.

DECLARED AT:

SIGNED:

DATE:



Before me:

Solicitor/Commissioner for Oaths:

[mpc1975]

Re: Help with bailiff and 7 year old speeding fine which I have paid !!

Hi Labman,

Marstons have already added £85 when they sent me the letter, can they do that?

Can I also ask is it right that Cumbria have only passed this on 7years after the offence as surely if they hadn't recorded my payments it should have been dealt with far sooner but I have never received any previous correspondence.

Also for the N244 and statutory declaration this is going to cost money, is this going to be sufficient to stop this action as I have no way to prove payment as so much time has passed. So I am a bit concerned with spending more money and then still ending up paying something I have already paid once plus whatever the bailiff feels like adding. I honestly am struggling to see how it is right for one court to do nothing for 7 years then pass it onto another court to enforce something which because so much time has passed I can't defend.

Sorry for more questions and again thanks for your help

[labman]

Re: Help with bailiff and 7 year old speeding fine which I have paid !!

Marstons have already added £85 when they sent me the letter, can they do that? My understanding is the letter should come first.

Can I also ask is it right that Cumbria have only passed this on 7years after the offence as surely if they hadn't recorded my payments it should have been dealt with far sooner but I have never received any previous correspondence. It is strange after such a lengthy time, but sometimes strange things happen. Court fines do not become statute barred like ordinary debts as the monies are from the public purse.

Also for the N244 and statutory declaration this is going to cost money, is this going to be sufficient to stop this action as I have no way to prove payment as so much time has passed. So I am a bit concerned with spending more money and then still ending up paying something I have already paid once plus whatever the bailiff feels like adding. I honestly am struggling to see how it is right for one court to do nothing for 7 years then pass it onto another court to enforce something which because so much time has passed I can't defend. As I am unsure, I would either do the Statutory Declaration (no point in paying a fair figure for something which may not stop the warrant of execution), or call someone like National Debtline who are normally very helpful with these matters.

I certainly, personally, would not pay again if I knew I'd paid it. There must be a record. Can your old bank not help? I think they have to keep records going back 12 years (pm Leclerc - he will know for sure). it's also worth asking the courts how long they keep records for. I do not believe your payment is not recorded somewhere.

Sorry for more questions and again thanks for your help

[dog after a bone]

Re: Help with bailiff and 7 year old speeding fine which I have paid !!

X 160 is the actual form you fill for fee-remision,
you will need title or number of the form ,you want the court to use,
caimants name,
defendants name,
most importantly the first box will need the case or claim number!
hope this helps,
rich in hull [not legally trained]
------------------------------- merged -------------------------------
were the payments arranged through court?
if so the court should hold records in their archives ?
i would have thought so!anyway.
if i.m wrong someone will tell me!.
RICH IN HULL